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National Health Act, 2003 (Act No. 61 of 2003)

Regulations

Procedural Regulations Pertaining to the Functioning of the Office of Health Standards Compliance and Handling of Complaints by the Ombud

Chapter 6 : Compliance Notice, Enforcement and Appeal

27. Revocation of certification and recommendation to Minister

 

(1) If a health establishment fails to comply with the compliance notice referred to in regulation 21(1)(b), the Office may, after complying with regulation 26(1), revoke the  certificate of compliance of a health establishment and recommend to the Minister a temporary or permanent closure of the health establishment or a part thereof that constitutes a serious risk to public health or the health of users, in terms of section 82A(4)(d) of the Act.

 

(2) A recommendation to the Minister in terms of sub-regulation (1) must be in writing and include, at least, the following information:
(a) the details of non-compliance;
(b) the nature and extent of the risk posed to public health or to users;
(c) the period of non-compliance;
(d) the consequences of continued non-compliance;
(e) an indication of the part or parts of the heath establishment to be closed, and
(f) any other relevant information.

 

(3) Before exercising his or her powers in terms of sub-regulation (1), the Minister must comply with the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000).